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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Fyfe v Bean and Fyfe. [1762] 5 Brn 887 (23 June 1762) URL: http://www.bailii.org/scot/cases/ScotCS/1762/Brn050887-1099.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.
Date: Jean Fyfe
v.
Bean and Fyfe
23 June 1762 Click here to view a pdf copy of this documet : PDF Copy
In this case the Lords unanimously found that a bill, signed by a notary, for the acceptor, but without any witnesses, was void and null; because they thought that though in some deeds, such as bills, the subscription of the party himself without witnesses was probative, yet in no case the subscription of a notary, without witnesses,
was sufficient; and, therefore, they found that this bill, though only for L.14 sterling, was not probative. N.B.—In the case of Dinwoodie against Johnston, 28th June 1737, it was found, that a bill subscribed by one notary and two witnesses was probative, though of the greatest value ; and so the law is laid down by Lord Bankton in his Institutes.
The electronic version of the text was provided by the Scottish Council of Law Reporting
